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7. On the basis of evidence submitted by the pemuttee and received from other state and federal agencies as <br /> a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal Mining <br /> Reclamation Act;the Division finds that,based on information received from the Office of Surface Mining <br /> Applicant Violator System, operations owned or controlled by Powderhom Coal Company, or PCC's <br /> parent company,Quaker Coal Company, may currently be in violation of certain state laws and <br /> rules, and provisions of the Surface Mining Control and Reclamation Act. As a result, and in <br /> accordance with OSM, AVS System "Conditional Issue" recommendation of February 9, 2000, <br /> Stipulation No.23 is attached to the RN-03 approval decision (2.07.6(2)(g)(i). <br /> STIPULATION NO.23 <br /> RN-03 IS CONDITIONAL UPON RESOLUTION OF SIX VIRGINIA VIOLATIONS <br /> ASSOCIATED WITH PERMITS 1200551, 1200724, 2339, 2503, AND 3053-U; AND <br /> TWO WEST VIRGINIA VIOLATIONS ASSOCIATED WITH PERMITS U035700 <br /> AND U074400. PROOF OF RESOLUTION IS TO BE SUBMITTED TO DMG AS <br /> SOON AS IT BECOMES AVAILABLE. <br /> 8. Powderhorn Coal Company does not control and has not controlled mining operations with a demonstrated <br /> pattern of willful violations of the Act of such nature,duration,and with such resulting irreparable damage <br /> to the environment as to indicate an intent not to comply with the provisions of the Act(2.07.6(2)(h)). <br /> 9. The Division finds that surface coal mining and reclamation operations to be performed under this pemut <br /> will not be inconsistent with other such operations anticipated to be performed in a jacent to the <br /> permit area(2.07.6(2)(i)). <br /> 10. T ion has examined and is holding Corporate Surety Bond No. 108486 in the amount of <br /> $2,603,016.00,and Corporate Surety Bond No. 1686512,in the amount of$300,000.00. The two bonds <br /> total $2,903,016.00,which equals the current liability amount calculated by the Division. This amount <br /> reflects the Division's projection of reclamation costs for worst-case disturbance which will occur during <br /> the 1998-2002 permit term,as assessed during the RN-03 review,and the recently approved TR-31. <br /> 11. The Division has made a negative determination for the presence of prime farmland within the permit area. <br /> The decision was based on information from the Soil Conservation Service and the permit application, <br /> Volume 2,Tab 9. No land within the permit area is irrigated. Average annual precipitation is about nine <br /> inches,and much of the land slope exceeds ten percent. The Mesa County Soil Conservation Service survey <br /> shows no soil mapping units designated as potential prime farmlands. Pursuant to Rule 2.07.6(2)(k),the <br /> Division finds the proposed operation in compliance with the requirements of Prime Farmland. <br /> 12. Based on information provided in the application,the Division has determined that two alluvial valley <br /> floors exist within the permit or adjacent area. The alluvial valley floors are on the Colorado River and <br /> Rapid Creek. The Colorado River has been affected by the facilities area, unit train loadout, and <br /> the conveyor. Mining will occur beneath Rapid Creek. Two hundred to five hundred-foot-wide <br /> protective pillars will be left intact beneath Rapid Creek to mitigate potential impacts. Surface water flow <br /> 21 <br /> W. <br />